[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Page 40621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14957]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 060702A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 ft (18.3 m) Length Overall Using Pot 
Gear in the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels less than 60 ft (18.3 m) length overall (LOA) using pot 
gear in the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to prevent exceeding the 2002 total allowable 
catch (TAC) of Pacific cod allocated to catcher vessels using hook-and-
line or pot gear in this area. Pursuant to 50 CFR 
679.20(a)(7)(i)(C)(5)(i), Pacific cod catch by catcher vessels less 
than 60 ft (18.3 m) LOA using hook-and-line gear presently accrues to 
the allocation for catcher vessels using hook-and-line gear specified 
at 50 CFR 679.20(a)(7)(i)(C)(1)(ii).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 11, 2002, 
until 2400 hrs, A.l.t., September 1, 2002.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands Area (FMP) prepared by 
the North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2002 Pacific cod TAC allocated to catcher vessels less than 60 
ft (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 1,314 
metric tons (mt) as established by an emergency rule implementing 2002 
harvest specifications and associated management measures for the 
groundfish fisheries off Alaska (67 FR 956, January 8, 2002).
    In accordance with Sec. 679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2002 Pacific cod TAC allocated as a directed fishing allowance to 
catcher vessels less than 60 ft (18.3 m) LOA using hook-and-line or pot 
gear in the BSAI will soon be reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher vessels less 
than 60 ft (18.3 m) LOA using pot gear in the BSAI. Directed fishing 
for Pacific cod by vessels 60 ft (18.3 m) LOA and greater using pot 
gear was closed on March 16, 2002, when catch amounts reached the A 
season allowance of Pacific cod specified for these vessels. Pursuant 
to 50 CFR 679.20(a)(7)(i)(C)(4)(ii), at that time the allowance of 
Pacific cod for catcher vessels less than 60 ft (18.3 m) LOA using 
hook-and-line or pot gear became available to catch vessels less than 
60 ft (18.3 m) LOA using pot gear. On September 1, 2002, the directed 
fishery for Pacific cod again opens for vessels using pot gear, which 
will include catcher vessels less than 60 ft (18.3 m) LOA. Pursuant to 
50 CFR 679.20(a)(7)(i)(C)(5)(i), Pacific cod catch by catcher vessels 
less than 60 ft (18.3 m) LOA using hook-and-line gear presently accrues 
to the allocation for catcher vessels using hook-and-line gear 
specified at 50 CFR 679.20(a)(7)(i)(C)(1)(ii).
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec.  679.20(e) and (f).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds good cause to waive the requirement to provide prior notice 
and opportunity for public comment pursuant to the authority set forth 
at 5 U.S.C. 553(b)(B) as such requirement is contrary to the public 
interest. This requirement is contrary to the public interest as it 
would delay the closure of the fishery, lead to exceeding the TAC, and 
therefore reduce the public's ability to use and enjoy the fishery 
resource.
    The Assistant Administrator for fisheries, NOAA also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons 
provided above for waiver of prior notice and opportunity for public 
comment.
    This action is required by Sec. 679.20 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 10, 2002.
John H. Dunnigan,
Director. Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-14957 Filed 6-10-02; 2:40 pm]
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